Brand Democrat™ from Slublog.

Posted by: Gabriel Malor at 05:16 AM | Comments (104)
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It's not an absolute bar (that would require taking the White House back), but controlling the Senate Judiciary Committee might help weed out a few liberal judicial nominees.

Just saying:

U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.

Phillips said she would issue an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.

Will the government appeal? Ordinarily, the Department of Justice defends any law of Congress that has an arguably constitutional basis. But the President already said "'Don't Ask, Don't Tell' doesn't contribute to our national security." In fact, it's the government's weak presentation here that cost them the case:

Finally, it again must be noted that Defendants called no witnesses, put on no affirmative case, and only entered into evidence the legislative history of the Act. This evidence, discussed in Section IV(C)(1) above, does not suffice to show the Act's restrictions on speech are "no more than is reasonably necessary" to achieve the goals of military readiness and unit cohesion. (See supra Section IV(C)(1).)

Now, it's a legitimate litigation strategy for the defendants to say that plaintiffs cannot prevail as a matter of law and so there should be no need to even put on evidence. But Judge Phillips ruled against that argument in June before the trial began. At that stage, the government could have switched gears and made an alternative argument that plaintiffs fail also as a matter of fact. Such alternative -- even contradictory -- arguments are a common feature of litigation. Which means expect another helping of "they intentionally lost the case" like after the DOMA lawsuits earlier this summer.

Anyway, the government has preserved its main argument -- that the court shouldn't even have reached all of plaintiff's evidence that DADT doesn't help unit cohesion, but in fact hurts it -- for appeal. (If there is an appeal.)

The judge's extensive findings of fact and order are here (PDF). On the importance of factual findings on appellate review, see what I wrote here after Judge Walker's out-of-control Prop 8 "findings of fact."

To steal a page from Allah, Exit Question: What does this mean for the DADT repeal currently winding its way through Congress?

Posted by: Gabriel Malor at 07:33 PM | Comments (215)
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Happy Thursday M&Ms.

The Most Underrated and Overrated Women
As compiled by several women on the right over at Dan Collin's place. Personally I would add Jennifer Garner to the Overrated list and take Christina Hendricks off the Underrated list - she's probably rated about right or borderline overrated.

Overrated
Jessica Biel
Kim Kardashian (any Kardashian)
Megan Fox
Giada de Laurentiis
Sandra Lee
Penelope Cruz
Scarlett Johansson
Natalie Portman
Julia Roberts
Uma Thurman
Reese Witherspoon
Kirsten Dunst

Underrated
Angie Harmon
Carrie Underwood
Catherine Zeta Jones
Christina Hendricks
Heidi Klum
Jada Pinkett Smith
Padma Lakshmi
Rachel McAdams
Rachel Weisz
Sandra Bullock
Vanessa Williams
Shirley Manson more...

Posted by: Maetenloch at 05:29 PM | Comments (822)
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Best part about the start of football season? The NHL can't be far behind!

Vikings at Saints tonight, 8:30est on NBC (no Olbermann!)

Be honest, how cool would it be if Phil Davison were calling the game? He has a masters degree in communications you know.

Added for your friend and mine, Saints fan extraordinaire... tmi3rd.

Oh right, the other, um, thing. more...

Posted by: DrewM at 04:06 PM | Comments (258)
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Above the post update:

Rauf tells ABC no deal.

Imam Rauf tells @camanpour "We are not going to toy with our religion or any other, nor are we here to barter."

NBC says the Florida imam says he offered to broker a meeting, not a change of location for the GZ victory mosque.

Could it get worse? Why yes, yes it can. See the last update at Hot Air...The Fred Phelps Freak Show wants in and says they'll burn the Korans if Jones doesn't.

Original Post:
Um, wow?

The minister of a Florida church said he has canceled plans to burn copies of the Quran because the leader of a much-opposed plan to build an Islamic Center near ground zero has agreed to move its location. The agreement couldn't be immediately confirmed.

The Rev. Terry Jones said Thursday that Americans oppose the mosque being built at the location and that Muslims do not want the Quran burned. He said instead of his plan to burn the books on Saturday to mark the ninth anniversary of 9/11, he will be flying to New York to speak to Imam Feisal Abdul Rauf about moving the mosque.

"We are, of course, now against any other group burning Qurans," Jones said during a news conference. We would right now ask no one to burn Qurans. We are absolutely strong on that. It is not the time to do it."

...Jones said Imam Muhammad Musri of the Islamic Society of Central Florida told him that officials would guarantee that the mosque would be moved.

"I asked him three times, and I have witnesses," Jones said. "If it's not moved, then I think Islam is a very poor example of religion. I think that would be very pitiful. I do not expect that."

Not sure how an imam in Florida can guarantee the deal but it would be something if this pans out.

Now there are reports that Rauf hasn't agreed to this.

Let's face it, this guy Jones is a kook but he's a hell of a promoter. He's got the whole world jumping to his tune.

Chris Matthews just said NBC has confirmed that the Secretary of Defense called Jones. Amazing.

And now all the clowns are here.

Donald Trump says he'll buy the site.

In a letter to Park51 investor Hisham Elzanaty, an Egyptian-born businessman who says he provided a majority of the financing to gain control over the two buildings where the center would be built, Trump offers to pay 25 percent more than what Elzanaty paid for the site at 45 Park Place.

Trump writes that his reasons to buy are not business but patriotic.

"I am making this offer as a resident of New York and a citizen of the United States, not because I think the location is a spectacular one (because it is not), but because it will end a very serious, inflammatory, and highly divisive situation that is destined, in my opinion, to only get worse," wrote Trump.

He states that as part of the offer the developers would have to agree that they would not build another mosque any closer than five blocks from the World Trade Center site.

Trump's offer is "all cash" with an "immediate closing."

I linked to a story earlier where Elzanaty said he's in it for the money and would happily sell.

Well, that escalated quickly.

Wait, never mind.

Posted by: DrewM at 01:31 PM | Comments (584)
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"curious" in the comments said she did it on Sean Hannity's show. Folks on Twitter are saying they heard it too.

So far nothing on her Twitter of facebook accounts (interesting what politics has become).

Added: Via Hannity's confirmed Twitter account.

Thanks @SarahPalinUSA for the last minute call in. Endorsement of Christine O'Donnell was an exclusive. Said she hadn't told Christine yet.

Via Gabe, O'Donnell had said she didn't consider an earlier Twitter message from Palin to be an endorsement so I guess Palin decided to clarify.

The primary is this coming Tuesday, so it's pretty unclear how things will shake out but it just got more interesting.

Posted by: DrewM at 12:02 PM | Comments (420)
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It's like Matt Foley went into politics.

Well, they can't all be Chris Christie.

He didn't get the nomination but as a lovely parting gift, there's a good chance he's about to become an internet sensation.

Via EJ Hradek of ESPN.

Posted by: DrewM at 11:27 AM | Comments (152)
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Sorry to be such a whore for this guy but this is how to sell fiscal conservatism and management. It's long but if you can stick with the first 3 minutes or so, it's well worth it. It's so full of win. So full.

Between this and the VDH piece, you may want to have your cholesterol checked...it's a lot of red meat for one day.

Behold what happens to a teacher who says Christie is talking down NJ schools.

When the big man takes off his coat...you're toast.

I'm not saying the guy is perfect but damn, he's simply demolishing the union talking points. I love how he can move between big picture political themes and policy details on a dime. He has total command of the subject and the conversation.

I think the most impressive thing about Christie is he is simply not cowered by the liberal talking points that send most politicians running to their mommies. You want to take a shot at him? Fine, he's going to punch back.

I would love to see someone literally say to him "but it's for the children". I think he'd kill that person on the spot.

57% baby. 57%.

Via Baseball Crank.

Posted by: DrewM at 10:59 AM | Comments (196)
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Blistering, withering, vaporizing.

Obama’s petulance, I think, more likely derives from a certain surprise — leading to anger — that originates from novel and sudden demands for accountability. Quite simply, no one has dared question Obama before — much less press him for deeds to match his mellifluous words.

Did he really think he could talk his way through four years of the American presidency?

Apparently, he did, and apparently he was almost right — given that rhetoric and sophistry earned him the presidency in the first place. In what follows, I hold some empathy for Obama’s pique; you see in some sense those around him suddenly changed the rules, and what in the past had been habit and custom no longer quite applied.

That's just VDH warming up...

This is an old story with a long heritage. We know Obama got into Columbia; we have no idea what he accomplished there — or whether his undergraduate transcript merited admission to Harvard Law School. Obama may have charmed his way into Harvard Law Review, but in brilliant fashion he seems to have guessed rightly that once there he would be singularly exempt from the usual requirements of quantifiable achievement.

A part-time visiting law professorship at the University of Chicago Law school rarely leads to a permanent tenure-track position, much less a tenured billet– and never without a body of published articles and books. In Obama’s case those protocols simply did not apply. He was not only offered whatever he wanted, but as Justice Kagan reminded us, Obama was courted by Harvard Law School as well.
...

Obama had served in the Senate for about two years, when he announced his candidacy for the presidency. That too is rare, but not unprecedented; what was singular was his claim that he was a bipartisan uniter, when, in fact, he compiled the most partisan voting record among 100 senators of either party. He sponsored no major legislation; his memoirs reflected othersÂ’ interest in him, not his own record of lawmaking. His themes were winning over adherents rather signature accomplishments.

The exotic name, the mixed racial heritage, and the street cred cool, juxtaposed to the nerdy professorial sermonizing, trumped the need to author or repeal significant laws or create lasting community institutions — or to leave any footprint of achievement at either the University of Chicago, the Illinois legislature, or the U.S. Senate. Running for office or courting appointments or angling for promotions seemed divorced from worry about doing anything when such wishes were granted. Obama’s tragedy is that there is nothing left he can run for, no further adulatory confirmation for just being Obama. Performance for the first time in his life is now all that counts.

...

Nobel Peace Prizes traditionally are awarded to those after a lifetime of activism, often after some exposure to danger, or at least a sizable body of inspirational literature. Obama simply had no such record. He is our collective Peter Sellers of Being There. To paraphrase the embarrassed awards committee, Obama was granted the prize more on his symbolic potential, rather than on the basis of anything he did. Like hundreds of other liberal elites, the Nobel committee seemed to draw more personal fulfillment and satisfaction for bequeathing the award than did Obama in receiving it.

And then he gets personal.

Posted by: Ace at 10:21 AM | Comments (207)
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Y-Not points out this old Onion piece, spinning unemployment as a positive:

Labor Dept: Available Labor Rate Increases To 10.2%

WASHINGTON—In what is being touted by the Labor Department as extremely positive news, the nation's available labor rate has reached double digits for the first time in 26 years, bringing the total number of potentially employable Americans to an impressive 15.7 million.

Enlarge Image

Hilda Solis briefs the press corps on the unprecedented level of untapped manpower.
"This is such an exciting time to be an employer in America," said Labor Secretary Hilda Solis, adding that every single day 6,500 more citizens join America's growing possible workforce. "There's such a massive and diverse pool of job-ready Americans to choose from. And each month the number only gets higher."

"While our current available labor rate of 10.2 percent isn't quite as robust as it was in 1982 or 1933, we're happy to say that reaching that benchmark is no longer out of the realm of possibility," Solis continued.

According to the Department of Labor's report, nearly 200,000 more Americans suddenly became fully hirable in October alone. And November saw unprecedented gains in the number of high-quality auto workers, teachers, lawyers, part-time retailers, and even doctors who could be employed.

Where did the Onion go wrong? Their prediction was spin from the Labor Department, which could be expected.

But they shot too low. The actual spin comes chiefly from the media itself, pushing stories about "funemployment," how recessions/depressions are great if you have a job because everyone's so desperate prices fall, and as Time (I think) put it recently, the good side of rising unemployment.

Posted by: Ace at 09:59 AM | Comments (46)
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